Do you think you are entitled to make a public liability claims Sydney? Before you decide to take the next step, you should first understand what a public liability claim is and the types of accidents you can claim compensation for.
A public liability claim is a claim made for any injuries sustained in a public area or accident caused by the negligence of a person or organisation as they failed to exercise their duty of care. An example could be - a person is walking through their local shopping mall and slip and fall as a result of spilt liquid on the floor. This injury could have been prevented if the owner of the shopping centre ensures that the staff maintained the floor better.
According to the Civil Liability Act NSW 2002, damages are available for:
Public liability claims can derive from numerous accident types. These include:A public liability claim is a claim made for any injuries sustained in a public area or accident caused by the negligence of a person or organisation as they failed to exercise their duty of care. An example could be - a person is walking through their local shopping mall and slip and fall as a result of spilt liquid on the floor. This injury could have been prevented if the owner of the shopping centre ensures that the staff maintained the floor better.
According to the Civil Liability Act NSW 2002, damages are available for:
- Past and future medical expenses
- Pain and suffering both past and future
- Past and future loss of earnings - including loss of superannuation contributions
- Cost of other assistance - domestic, personal care, family/professional organisations
- Assualt-related injuries
- Animal-attacks
- Slip and fall incidents in public places
- Food poisoning
- Sporting/recreational injuries
- Physical assaults
- Sexual assault
- Aviation/maritime injuries
- Construction site injuries
- Injuries in rental premises
If you have suffered from an injury in a public place, it is best to consult with a lawyer in order to see if your case is eligible for compensation. As mentioned above, compensation payouts are available in NSW for a variety of accidents. To establish if you are eligible for compensation, you will need to prove that the organisation/individual that ‘caused’ the injury owed you a duty of care and that duty breached.
Although this may sound simple, it can be quite a complex procedure and requires the help of a specialised public liability lawyer in NSW. Once you have consulted with your lawyer and worked out a way to gain compensation if you are successful you will receive compensation payments for pain, suffering, expenses, superannuation and other care requirements.
Depending on the type of claim, the processing time and completion of the claim will vary. A great way to safeguard yourself is to employ a lawyer that goes by a no-win, no fee basis. This means you won’t be charged for an unsuccessful claim.
Public liability claim example
“A coles shopper who slipped on a grape and injured her back while grocery shopping has been awarded more than $90 000 in damages.”
This shopper was walking through the vegetable section of the supermarket when she slipped and slid forward and weaved onto the floor - hitting her left knee on a trolley and wrenching her back. The shopper then found a squashed grape by her and noticed this was how she slipped, and a staff member approached her and admitted she did not have time to clean it up. The Judge found that Coles was negligent in this case and failed to provide ‘duty of care.’
If you have suffered a slip, trip or fall or any other public liability injury and feel you are eligible to receive compensation due to an accident/injury in a public place it is best to reach out to a specialised public liability lawyer who will be able to help you with your case.
Contact a legal team today and discuss your case!
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